Terms of Use

Adorno Publishing Group, Inc. Internet Web Site Terms Of Use

Last updated: 11/03/2013
Effective as of: 09/01/2013

Welcome to the Adorno Magazine website, Adornomag.com, Adorno Publishing Group, Inc., and/or its affiliates ("Adorno") provide website features and content, as well as other products and services to you when you visit or shop at Adornomag.com. The terms below govern your use of this website and any products or services you use or buy. Please read them carefully.

Terms and Conditions.
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE ADORNOMAG.COM WEBSITE ON THE WORLD WIDE WEB (“SITE”) AND ANY PRODUCTS OR SERVICES AVAILABLE FOR PURCHASE THROUGH THIS SITE (COLLECTIVELY “SERVICES”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ADORNO AND GOVERN YOUR ACCESS TO, AND USE OF, THE SITE INCLUDING YOUR USE OR PURCHASE OF ANY PRODUCT OR SERVICE FROM ADORNO. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE AND DO NOT PURCHASE ANY PRODUCTS OR SERVICES. YOUR USE OF THIS SITE AND/OR PURCHASE OF ANY PRODUCTS OR SERVICES SHALL WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Changes to Terms of Use.
ADORNO MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. ADORNO CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE. ADORNO ALSO MAY SEND NOTICE OF A CHANGE TO USERS THAT HAVE PROVIDED THEIR EMAILS TO ADORNO THROUGH THE SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE AND THE SERVICES. IF YOU CONTINUE USING THIS SITE AND THE SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
Use of Content and Services on the Site.
The contents of the Site and the Services are intended for your personal, noncommercial use. All materials published on the Site (including, but not limited to news articles, commentary, editorials, photographs, images, illustrations, graphics, audio clips, video clips, button icons, and data compilations are all collectively known as the "Content") are protected by copyright under U.S. and international copyright laws, and are owned or controlled by Adorno or the party credited on the Site as the provider or copyright holder of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
Limited License.
Adorno grants you a license to download or copy the Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from an officer of Adorno, or the copyright holder identified in any copyright notice contained in the Content that you are accessing.
Restrictions.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part. You will not (and will not permit any third party to): (i) mirror any of the Content on the Site without the prior written permission of an officer of Adorno; (ii) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; (iii) remove any proprietary notices or labels from the Content or Services; or (iv) provide any Content or information from the Services to any unauthorized third party. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Content. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, the Services or any Content.
Ownership.
All Content and Services are owned by or licensed to Adorno and some Content and Services may also be protected by trademark, service mark, patent, trade secret or other intellectual property laws in the United States or other countries.
Privacy Policy.
Your use of this Site and the Services is governed by the Adorno Privacy Policy, which is available at www.adornomag.com/Legal-Information/Privacy-Policy.
Registration and Security.
1. You may need a password to login to this Site and to use certain functions and areas within this Site. As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
2. Each registration is for a single user only. We may cancel or suspend your access to the Services if you share your login credentials. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to Adorno for all activity that occurs in or through your Account. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; or (ii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of your account.
3. Please notify Adorno at [insert e-mail address] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Adorno may require that you change your account information or certain parts of your account information at any time for any reason.
4. You must be 13 years or older to subscribe to all parts of the Services.
Third Party Content.
Certain information and other Content that are not Submissions (defined below) may be the material of third party licensors and suppliers to Adorno (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use or business use in conjunction with managing your social media usage and social media policies. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ADORNO DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Payment and Electronic Communications.
1. You are expressly agreeing that Adorno is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Adorno in connection with your purchase of Products or Services on or through this Site (“Charges”). The Charges will be billed to the credit card or PayPal account you provide in accordance with the billing terms in effect at the time the Charges are due and payable. If payment is not received or cannot be charged to your credit card or PayPal account for any reason in advance of the applicable Services being provided, Adorno reserves the right to either suspend or terminate your access to the Site and/or any Services offered through the Site. All purchases of Services are non-cancellable and all charges are non-refundable except as expressly specified.
2. By using the Site and/or purchasing Services, you consent to receiving electronic communications from Adorno. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Services. These electronic communications are part of your relationship with Adorno and you receive them as part of your purchase of Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Publicly Posted Submissions
1. Any text, files, images, works of authorship, or any other materials that you submit, post or otherwise make available on the Site on public posting areas such as blogs and webinar comments are “Submissions.” You, and not Adorno, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other users on the Site. Please be sure that any information you post on any public area of the Site is information that you are comfortable with sharing with others. You agree that Adorno is free to use a Submission on an unrestricted basis for any purpose and you grant Adorno an irrevocable, perpetual, sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission.
2. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO ADORNO, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to Adorno set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
3. Adorno agrees to use all of your Submissions in accordance with Adorno’s Privacy Policy.
Posting Etiquette
1. Adorno requires that you respect the Adorno online community as well as other individuals participating within the Adorno online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
  1. Post off-topic messages.
  2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Adorno), vulgar, obscene, pornographic, or that promotes, furthers or incites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by Adorno in its sole discretion).
  4. Use racially, ethnically, or offensive language.
  5. Impersonate or represent Adorno, our staff or other industry professionals.
  6. Solicit a user’s password or other personally identifiable information.
  7. Harvest user names, addresses, or e-mail addresses for any purpose other than use in your interactions on this Site.
  8. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  9. Use vulgar language or abusiveness.
  10. Post anything that exploits children or minors or that depicts cruelty to animals.
  11. Post any copyrighted or trademarked materials without the express permission from the owner.
  12. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  13. Post telephone numbers, street addresses or last names.
  14. Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
  15. Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to Adorno, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.
2. This list of prohibitions provides examples and is not complete or exclusive. Adorno reserves the right to (a) terminate your access to the Site, your ability to post to this Site (or the services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Adorno determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Adorno reserves the right to restrict the number of e-mails or other messages which you are allowed to send to other users to a number that Adorno deems appropriate in Adorno’s sole discretion. Adorno may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Adorno’s discretion, Adorno will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Adorno does not and cannot review every Submission posted to the Site. These prohibitions do not require Adorno to police, monitor, or remove any Submissions or other information submitted by you or any other user.
Feedback
You have no obligation to provide ADORNO with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to ADORNO, we may use it for any purpose without compensation to you.
Links to Third Party Sites.
This Site and/or the Services may be linked to other sites that are not Adorno sites. Adorno is providing these links to you only as a convenience, and Adorno is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. You further understand that such third party sites are governed by separate agreements and separate privacy policies that are available on such third party sites and you agree to be bound by the terms and conditions of such agreements and policies. Your dealings with other entities linked on or through the Site and/or the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other entity. You agree that Adorno shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities through the Site and/or the Services. The use of certain Services also may require you to agree to additional terms and conditions with respect to the use of such Services.
Unauthorized Activities.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site or provided through the Services may violate certain laws and regulations. You agree to indemnify and hold Adorno and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Adorno or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or Services or the use of this Site or Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Adorno may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Adorno’s discretion, Adorno will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, through the Services or on the Internet.
Proprietary Rights.
Adorno is a trademark of Adorno in the United States. Other trademarks, names and logos on this Site or Services are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site or as part of the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Adorno, Copyright © 2012 Adorno, INC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Copyright and Trademark Infringements.
Notification: Adorno respects the intellectual property rights of others, and we ask you to do the same. Adorno may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Adorno’s designated agent the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Adorno to locate the material.
4. Information reasonably sufficient to permit Adorno to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Adorno’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
  By mail: Adorno, Christopher Harms, 6500 River Place Blvd., Bldg V, Suite 200 Austin TX 78730
  By e-mail: GeneralCounsel@adorno.com
  Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Social Network Data.
“Social Network Data” means any social networking usage data, including, without limitation, data about how you interact with messages, contacts, and groups on the social networks, time spent on social network site(s) and what features you use in conjunction with the Services. You shall own all right, title, and interest in and to Social Network Data that Adorno collects from you or third parties in connection with your use of the Services. You grant and agree to grant to Adorno a perpetual, non-exclusive, royalty-free license to use such Social Network Data (a) in order to provide the Services to you; (b) for statistical, analytical and other aggregate non-personally identifiable use; and (c) as necessary to monitor and improve the Services.
Disclaimer of Warranties.
1. Your use of this Site and/or the Services is at your own risk. Adorno has not verified or authenticated in whole or in part the Materials, Submissions or Third Party Content and they may include inaccuracies or typographical or other errors. Adorno does not warrant the accuracy or timeliness of the Services, Materials, Submissions or the Third Party Content contained on this Site. Adorno has no liability for any errors or omissions in the Services, Materials, Submissions and/or the Third Party Content, whether provided by Adorno or our licensors. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
2. ADORNO, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND IN CONNECTION WITH THIS SITE, THE SERVICES, AVAILABILITY, ANY SUBMISSIONS, MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS AND THE THIRD PARTY CONTENT. SPECIFICALLY, ADORNO MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SERVICES, SITE OR THE MATERIALS WILL PROVIDE AN EFFECTIVE SOCIAL MEDIA SOLUTION OR POLICY. THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND ADORNO DISCLAIMS ANY AND ALL WARRANTIES IMPLIED BY LAW AND ANY EXPRESS WARRANTIES NOT IN THIS AGREEMENT. ADORNO DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
3. ADORNO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
1. IN NO EVENT SHALL ADORNO, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF ADORNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE ADORNO’S LIABILITY FOR GROSS NEGLIGENCE OR THE INTENTIONAL MISCONDUCT OF ADORNO OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
2. ADORNO’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF ADORNO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 20 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Local Laws; Export Control.
Adorno controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws
General
1. Adorno may at any time and with or without written notice to you immediately terminate these Terms and your access to the Services or suspend or restrict your access to the Services in whole or in part, if: (a) you breach any of these Terms; or (b) Adorno determines in its sole and exclusive judgment that terminating your access to the Services is advisable for security reasons, to protect Adorno from liability, or for the continued normal and efficient operation of the Services.
2. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms this Site or the Services will be heard in the courts located in San Mateo County, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. You may not assign these Terms or your rights or obligations hereunder (including by operation of law or otherwise) except with the written consent of Adorno, which will not be unreasonably withheld. No liability shall result from delay in performance by Adorno caused by act of God, fire, flood, war, government action, accident, labor trouble or shortage, inability to obtain material, equipment or transportation, or similar circumstances beyond the reasonable control of Adorno. Adorno’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Adorno and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Adorno about this Site and the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.